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Patna High Court

Manish Kumar @ Manish Kumar BhagatversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

Manish Kumar was arrested after police seized 234 capsules of Spasmo Proxyvon Plus and 499 tablets of Alprazolam from his shop. He filed a regular bail petition under the NDPS Act, arguing that the quantities were small or intermediate, that he held a valid licence, that the drugs were not recovered from his possession, and that the seizure did not comply with Section 105 of the Bihar Narcotic Substances Act. The State opposed bail, citing the seriousness of the offences under Sections 8(c), 21(c), 29 and 35 of the NDPS Act. The Court considered the petitioner’s clean record, the lack of possession, and the alleged procedural lapse in the seizure. It granted bail on a bond of Rs 10,000 with two sureties, ordering the petitioner’s release pending trial.

Issues considered

  • Whether bail can be granted in NDPS offences when the seized quantity is small or intermediate and the accused claims no possession
  • Whether the seizure complied with Section 105 of the Bihar Narcotic Substances Act
  • Whether the case should be tried under the Drugs and Cosmetics Act instead of the NDPS Act

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug seizure
  • license holder
  • quantity
  • Section 105
  • Drugs and Cosmetics Act
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8826 of 2026
                      Arising Out of PS. Case No.-254 Year-2025 Thana- KEWATI District- Darbhanga
                 ======================================================
                 Manish Kumar @ Manish Kumar Bhagat Son of Birendra Bhagat Resident of
                 village- ward No 13, Maliatol, samaila P.s- Keoti Distt- Darbhanga

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kedar Jha, Advocate
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 8(c), 21(c),

                   29 and 35 of the NDPS Act.

                                3. The case of the prosecution, in short, is that from

                   the shop of this petitioner, Spasmo Proxyvon Plus Capsule total

                   234 capsule and Alprazolam Tablet Anxit-0.5 total 499 tablet

                   were recovered.

                                4. Learned counsel for the petitioner submits that as

                   far as Alprazolam Tablet Anxit 0.5 is concerned, it is small

                   quantity whereas Spasmo Proxyvon Plus is intermediary

                   quantity. Learned counsel for the petitioner has submitted that

                   the petitioner is a license holder and that this case should have
            Patna High Court CR. MISC. No.8826 of 2026(2) dt.19-02-2026
                                                        2/2




                      been filed under Drugs and Cosmetics Act. It has further been

                      submitted that nothing has been recovered from the possession

                      of this petitioner. The witnesses of the seizure list are police

                      personnel and police has not complied Section 105 of the

                      BNSS. Learned counsel for the petitioner has submitted that the

                      petitioner is having no criminal antecedent and he is in judicial

                      custody since 10.10.2025.

                                   5. Learned APP for the State has vehemently opposed

                      the bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      PTN 2087 of 2025 arising out of Keoti P.S. Case No. 254 of

                      2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned Additional Sessions Judge-XI-cum-Special Judge

                      (NDPS), Darbhanga.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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